Seattle, WA asked in Landlord - Tenant for Oregon

Q: I have a roommate that won't pay his rent, using the corona virus as a excuse. He is still working full time.

How do I get him to leave.

Related Topics:
1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The simple answer is you don't. First, who does he pay his rent to? You or the landlord directly? If to the landlord, it is between him and the landlord. If to you, you may legally be his landlord - with all the duties and obligations of any landlord. Next, only a landlord can seek to terminate a tenancy for failure to pay rent - and currently no landlord can do that until at least June 20, 2020 (subject to change by the Governor) and it is unclear currently what happens after that. In Multnomah County, the County has declared that all tenants have 6 months from when the emergency is officially declared over to pay the accrued but unpaid rent, utilities, etc. that were not paid during the crisis due to financial hardship imposed by the crisis. Only after that 6 months can tenants in Multnomah County be terminated for not paying the rent owed during the pandemic. BUT this is supposed to be conditioned upon the tenant having notified the landlord in writing before the first of the month that they are having financial difficulties due to the virus and provide some documented proof - a layoff notice, unemployment insurance, etc. IF you are just a roommate and not also a landlord, you have no authority to terminate his tenancy regardless of rent payment. Worse, if both of you are on the same lease, to the extent that he can ever be terminated for failure to pay rent, you both can be terminated since you are both in it together. Even if not paid, rent will continue to accrue and be due somewhere down the road. If it is not paid in full, then if you both are on the same lease, you will both owe the accrued amount to the landlord and they can sue either or both of you to recover it. So if you are both on the same lease, and he does not pay his share, you will also owe that share to the landlord and your credit record can take the hit as well as his if the landlord decides to report the delinquency. You may then be able to turn around and sue your roommate for anything you end up having to pay on his behalf and/or any damages you suffer because of his failure to pay his share, but that does not change both of you potentially being liable for any unpaid rent. If, though, you are on separate leases, then he is on his own and you likely have no liability for his failure to pay. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.